Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-12-24
THURSDAY AFTERNOON, ]

| THURSDAY AFTERNOON, Dec. %.
Upon the coming in of the court in the af
ternoon, Mr.. Heath announced that the re-
spondent desired to retract his pleas of not
guilty, which he accordingly did
He then pleaded guilty to the indictment
for burning the gymnasium building in the
daytime and the Seminary building in the
night.
Mr.. Heath then addressed the court in be-
half of the boy, urging his tender years, the
want Of early training and the absence of any
malicious intent. His motive was to escape
the restraints of school and return to his for
mer life. As an act of humanity, justice
would be done by imposing sentence for the
smallest offence. Should the hoy prove in
corrigible, the State would still have power
to call up the old case, involving life SEN
tence. Leading citizens of Vassalboro and
those who have suffered most by the fires
recommend this course. OF this, he was as
sured by Mr.. Jones, the principal of the
school, Mr.. Hall c. Burleigh of the Sher-
IFS jury, and Mrs. Bailey of the New Eng
lanu Soclety OF rrlenus
County Attorney Carlton then addressed
the court After referring to the great and
grave responsibilities resting upon the court
and county attorney in view of the unexpect-
ed turn the case had taken, he said that in
view of the undisputed and undoubted facts
in the case, of the opinion of those directly
interested, of the attorney general and of
many eminent and respected citizens of the
State which had been expressed to him, he
felt that under all the circumstances in the
case and the extreme youth of the prisoner
at the bar, the ends Of justice would perhaps
be fully met if he should move for sentence
on the indictment for burning in the day
time. He therefore moved for sentence on
that indictment, and recommended that SEN
tence on the other be suspended, adding that
If at the end of ten years, when his term of
imprisonment in the State prison should have
ended, it should be found that he was incor-
rigible, he could then be sentenced on the
other indictment and the State would suffer
no harm.
|
ed that courts could not act upon sympathy
as against the demands of public justice; but
if ever the element of reformation was to
have place in the philosophy of punish
ment, it should be prominent here. The
youthful defendent had apparently been en-
dowed by nature with all the qualities
which would have enabled him to take a
position of more than ordinary responsibility
and usefulness. But after several years of
undisciplined and idle life, deprived of those
home influences for which nothing can be
substituted, he found the wholesome re-
straiuts of the school in which he was placed
so irksome that he seems to have had n NOR
bid desire to escape from them. He applied
the torch without realizing, it is believed,
the enormity of the crime. 1t was his first
ofense and the judge said he should take the
responsibility of suspending sentence on the
first indictment, and impose sentence of
ten years at hard labor in the State prison on
the other in the hope that he might yet be-
come useful citizen. But if, contrary to
his hope, and belief, he should prove incorri-
gible he might yet be sentenced for life on the
other. The sentence was then imposed and
the prisoner remanded to Jail.
Eta NJ. Hayes vs.. Thomas Frost. J. II.
Potter for petitioner, II. w. True for de-
fendant. This is writ of habeas corpus
for the custody of daughter of the parties,
Emma L. Frost, aged about fifteen. The
petitioner was divorced from her husband,
the defendant, in 1881, and from the testi-
mony il appeared that she had married again
and by reason Of sickness and misfortune
became unable to support the child, SO that
the family had been repeatedly aided by the
town of Winthrop. The father, by consent
of the Winthrop authorities, took the child
to Biddeford. 1t appeared that the writ of
habeas corpus had not been properly served,
yet the defendant returned voluntarily with
the child and consented to . hearing upon q
petition by the mother in lieu Of the writ
On this petition the court, after hearing the
testimony, ordered the child into the custody
of the father to await further testimony, the
evidence tending TO show that he was of suit
able character and competent means to have
such custody.
FRIDAY, Dec. 20.
State vs.. vede Libby. L. 7. Carleton for
State, W. T. Haines for respondent. In
dictment for being . common seller Of intox-
icating liquors in Waterville. Verdict,
guilty.
State vs.. John N Mclaughlin. L. T. Carle
ton for State. The respondent had no coun-
, sci. Indictment for being . common seller
, of intox icating liquors in Hsllowell. Yer
, dict, guilty. Sentenced to pay fine Of tl0(
and 30 days imprisonment.
The trial of liquor cases will be continued
in the morning.
Adjourned until morning At 9.30.